Legal Question in Personal Injury in Massachusetts

I had a personal injury claim after I was hit from behind 3 yrs ago. It is not a large claim but I do have some unpaid bills. The statute of limitations ran out on Oct.3,2010 (which was a Sunday), I faxed my bill to them for finalizing the case on the next business day. Monday Oct. 4, 2010. They told me I was out of luck as the "bell had tolled." Is there a law that state that if the limitation date falls on a Sunday you still have the next "business" day to file your claim?? Thank You.
p.s. I am dealing with Safety Insurance of MA

Asked on 10/07/10, 10:04 am

3 Answers from Attorneys

William Harrington Law Office of William T. Harrington

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You need to file the lawsuit in court within 3 years. If the last day falls on a Sunday, you should be able to file on the next day. However, it sounds like you never filed, but made a claim to the insurance company. However, the statute of limitations for a breach of contract claim is 6 years. If you had a policy with Safety, you may be able to assert a breach of contract claim against it. I would read the policy carefully. Perhaps, it provides for a short statute of limitations period.

Answered on 10/12/10, 10:11 am

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Christopher Vaughn-Martel Charles River Law Partners, LLC

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It breaks my heart that you may have missed the statute of limitations on personal injury claims here in Massachusetts. The statute of limitations requires that you file a legal claim with a court of competent jurisdiction, not file a claim with the insurance company. However, if you are making a claim against your own insurance company (under or uninsured motorist protection, etc.) you may have six years. You need to meet with an attorney immediately!

Answered on 10/12/10, 10:49 am

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